The Indianapolis journal. [volume] (Indianapolis [Ind.]) 1867-1904, 1887-07-21
The Counsel for the Defendants Tell How
They Will Attempt to Defeat the Prosecu-
tion-Henry Span Speaks for Himself.
Attorney McNutt Tries to Prejudice the
Jury Against Samuel E. Perkins.
The Afternoon Occupied iii Hearing the Testi-
mony Of the Election officers in Precincts
Where Tally-Sheets We're Changed.

Court in session. The consplrators, on
the preceding day, were ranged along the south
wall of the courtroom Span, Beck and Sulli
van occupied seats at the tables with the coun-
sci for the defense. A long consultation, con-
ducted with great earnestness, took place be-
tween Coy and Sullivan.
District Attorney Sellers then made the open
ing statement for the government He said the
purpose of an opening statement in criminal
case is to give the jury idea Of what the issue
is, the law of the case and what facts ex-
pected to be shown by the evidence. This al
ways lightens the labor of the jury and they
may determine what is material in the evidence
with a full knowledge of the law under which
an indictment is brought. This Indictment, he
said, for conspiracy to COM
init offense against the Unit
ed States: it is based upon the
act of May IL, 1879. and is contained in Section
$40. Mr. Sellers read this section, which makes
it offense for two more persons to conspire
to commit an offense, and he read Sections SOIL
and 5515 to define the offense committed. He
said that under these three sections it made
unlawful aud crime for any two three per-
sons to combine to procure any officer of an
election to omit or neglect to perform any duty
which, as inspector OF such election, he is
quired to do. 1t is made crime for any per-
son to advise, counsel or procure any officer to
omit or fail to perform his duty under such law.
Mr.. Sellers read Sections ALP, AIS and 4717
of the State law, showing the d utes Of officers
of elections and then read extracts from JUS
tice Harlan's recent opinion, which the district
attorney said sis the law in this case"
"Thus you see" continued Mr.. Sellers, ''the
duty of these inspectors is plain aud it is made
q crime for any person to interfere with them,
or to try in any way to induce them to omit
neglect to transact their duties" He then read
the general Indictment for conspiracy against
the defendants and said, eve will show that
the election papers were out of the custody OF
the legal officers and were altered and cha nged,
and were SO altered and changed when pre-
sented to and canvassed by the canvassing
board of Marion county. There WILL take it,
be no serious dispute to a crime having been
committed, and your labors will be largely to
who were the no committed it. These
changes in the tally-sheets were made
at different times. but all before they were
estimated by the canvassing board.
We shall show that some changed in
room in the court-hou se and that others out of
the hands of their proper custodians,
changed at other places We shall show that
these defendants worked in different channels
toward the same end. like the sewage OF this
city, coming from different directions through
different channels. hut all emptying at last into
the same cess-pool of filth and corruption. We
shall show you that the grand jury made no
mistake in pointing to these men and saying
.'You the guilty parties and if we show
these things, it will be your duty under your
oath to return a verdict of guilty"
Mr.. SelleTs's statement was plain and forcibe.
and was closely listened to by every one, the de-
PENDANTS especially following every word with
Of al in int
Judge WcNutt then made the opening state
ment for the defense. He said the law had been
explicitly settled so far as it would control in
this proceeding but he would venture TO sug
gest better understanding than had been given
BY the attorney for the government. He said
that Sections 544O and 5511 of the federal stat
utes were the only ones pertaining the case,
and tied together the thread connecting them
with the State law-Section 4712. He read and
explained the indictments. and said that the
scope of the conspiracy alleged was to procure
the parting with election papers. He said it
would be enough to aliege that Perkins had
done this and that, with Perkins, the prosecu-
ton has reached the utmost limit and verge
of the conspiracy, and that the de
Tense would insist that they may
20 no further. The only evidence they
will be able to adduce to any conspiracy will
be periured evidence. These men are to be as
sailed in their liberties by of the ALLEGED con-
spirators-to wits one Perkins, man who is
said to have taken the consummate step after the
conspiracy. There will be no truthful evidence
that there was any conspiracy among these men,
but such evidence as the Jury Will nave no doubt
that all this accursed crime was committed by
Perkins himself; that Samuel E. Perkins him
self conceived and carried out the wicked pur-
pose with his own hand and without the knowl-
edge of its contamination by another soul.
Judge McNutt then discussed the second and
third counts of the indictment. Quite sensa-
ton was caused by the discovery, voiced by
Judge McNutt, that the Indictment defect
i've in that it alleged that Lorenz Schmidt was
inspector of the second precinct of the Twenty
third ward when he was inspector not of the
h1f IF ha 7rst q I'd
1--WE shall show" he continued, that there is
no truth in the proposition that either Sullivan
or Budd had anything to do with the parting
by Schmidt with his election papers and that
whatever parting with them happened was So
licited on Schmidts part. Whoever took them
we are not ADVISED, but whoever It was, ne was
seeking them"
w. d. Bynum followed Judge McNutt He
said: IL do not know that it is necessary /
should enter into full statement of facts as
they have been covered by the counsel for the
government and by the general counsel for the
defense. / appear for Mr. Beck, and in his be-
half desire to make q short statement So far
as Mr.. Beck is concerned. | am not advised as
TO what particular testimony shall be relied upon
for conviction, as to how or where he be-
as to what acts it is expected to connect him
with. l only say that if any testimony of
shat kind is placed before you, will be able to
chow clearly, conclusively and positively there
is rot word OF truth 10 it and that Mr. Beck
had no knowledge at any time of any of the facts
charged in this indictment until he read them in
the public prints. We will be able to show that
ha is q man of good character and any statements
he may make Is entitled TO full credit aud be-
lief"
Henry n. Span next spoke. AS he came for
ward, every eye in the courtroom was upon
him. He is tall. of dark complexion handsome
with bright intelligent eye and a clear and
pure information of excellent English Character
tied his speech. There was attempt at ora
tory and his manner of presenting his case was
favorebly commented upon by a large number
of members of the bar. He said, II am one of
the defendants in this case want give you
A detailed history of my connection with this
matter in order that you may fully understand
the evidence of the prosecution when it is
presented you. So far as am personally con-
cerned l want this jury TO under
stand the facts exectly wherever
they bear upon me. represent myself, and no.
body else, and shall conduct my own defense.
Wherever a witness testifies to anything that
bears upon me. l shall ask the court to allow me
eHaming that witness and other / have
be- I'd all the evidanca in this once before In